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1. Acceptance of Terms
Through Use
By using SHORE 104 FM's web site (the "Site"), you agree to be bound
by all terms, conditions and notices contained or referenced herein (the
"Terms of Service") and the Privacy Policy Statement ("Privacy
Policy"). SHORE 104 FM is a subsidiary company of Shore Media Group Inc., We
reserve the right to change or discontinue any feature of the Site, including
but not limited to the Terms of Service, at any time, by posting revisions
onto the Site. You agree to be deemed apprised and bound by any changes to
these Terms and Conditions and your continued use of the Site indicates your
agreement to the revised terms. You also agree to review this information
from time to time as may be required to keep informed of any revisions to the
Terms and Conditions. If you do not agree to the terms of this or any revised
policy, please do not register as a user or deregister as a user and exit the
Site immediately.
2. Links to Third Party Sites & Services
SHORE 104 FM's site contains links to and from sites operated by third parties. SHORE
104 FM makes no representations whatsoever about any third party content
(including streaming) that you may access from the Site or about any web site
from which you may access the Site and/or which may be linked to this Site.
We provide third party content and links only as a courtesy to our users, and
such links / content do not imply our endorsement of any linked site /
content. The linked sites / content are not under our influence or control,
and we are not responsible for any third party content or the contents of any
linked site or subsequent links from that site. Our Privacy Policy is only applicable
when you are on this Site. Please review the streaming provider's and the
linked site's use agreements and privacy policies, and if you do not agree to
be bound by the terms, we recommend that you terminate your use of that
service or your visit to the site.
3. Intellectual Property
You acknowledge that all content and materials available on this Site,
including the selection, coordination, arrangement and enhancement of such
content as well as content original to it are protected by national and
international copyrights, trademarks, service marks, patents, patent
registration rights, trade secrets, know-how or other proprietary rights and
laws and are owned by SHORE 104 FM or our licensors or SHORE 104 FM has obtained
the necessary permission of the owner of the intellectual property in such
content to use the content on our Site. Unless otherwise indicated, all
logos, names, package designs and marks on the Site are trademarks or service
marks of, or used under license by, SHORE 104 FM. The use or misuse of any of
these materials is strictly prohibited. SHORE 104 FM, our licensors or
associates retain exclusive ownership of all data, material and other
information regarding your use of the Site.
4. Lawful Use
You agree to use the Site or its contents for lawful purposes and only as
expressly permitted in this Terms of Service and for no other purpose. Except
where otherwise noted, you may download, print or view individual pages for
noncommercial use only, provided you do not delete or change any of the
information, including copyright or trademark notices. Except as otherwise
permitted herein and as we may expressly authorize, you agree not to sell,
license, rent, modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit or create derivative works
from the content or materials on the Site or otherwise in any way exploit any
of the content of the Site, in whole or in part. Systematic retrieval of data
or other content from the Site to create or compile, directly or indirectly,
a collection, compilation, database or directory in any form whatsoever
without our written permission is strictly prohibited. You agree that you
will not post or transmit through the Site any material which violates or
infringes in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane or otherwise objectionable, which encourages conduct
that would constitute a criminal offense, give rise to civil liability or otherwise
violate any law, or which, without SHORE 104 FM's express prior approval,
contains advertising or any solicitation with respect to products or
services. You also agree not to post any material protected by copyright,
trademark or other proprietary rights without the express permission of the
owner of the copyright, trademark or other proprietary rights and the burden
of determining that any material is not protected by copyright rests with
you. Any conduct by you that in our discretion restricts or inhibits any
other user from using or enjoying SHORE 104 FM will not be permitted.
5. User's Grant of License
By posting or submitting content to the Site, you grant SHORE 104 FM and its
worldwide licensees the right to use, reproduce, display, perform, adapt,
modify, distribute and promote the content in any form, anywhere and for any
purpose. You also warrant and represent that you own or otherwise control all
of the rights to the content you post or submit to the Site and that our
public posting and use of your content will not infringe or violate the
rights of any third party. SHORE 104 FM retains the right to monitor, edit or
otherwise change your posting or other content submitted to the Site without
your permission. DISCLAIMER OF WARRANTIES YOU EXPRESSLY AGREE THAT ALL
MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE (THE "CONTENT") ARE PROVIDED "AS
IS" AND "AS AVAILABLE" FOR YOUR USE AND THAT YOU USE THIS SITE
AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. SHORE 104 FM DOES NOT
IN ANY WAY WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN
THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER APPLICABLE LAW. NEITHER SHORE 104 FM, NOR ITS PARTNERS, AND
THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS,
CONSULTANTS, CONTRACTORS OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT OF
THE SITE OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH IT, IS ACCURATE,
RELIABLE OR CORRECT; THAT THE SITE OR ANY LINKED SITE, WILL BE AVAILABLE AT
ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE
CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS,
DIRECTIONS OR RECOMMENDATIONS ON THE SITE.
6. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SHORE 104 FM, NOR ITS PARTNERS, AND THEIR RESPECTIVE
EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS,
CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY,
INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE,
THE SITE OR FROM INFORMATION PROVIDED ON THE SITE OR FROM ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS
LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED
BY LAW.
7. Indemnification
You agree to defend, indemnify, and hold SHORE 104 FM and its partners and their
respective employees, officers, directors, shareholders, agents, consultants
and licensees harmless from and against any and all liabilities, claims and
expenses, including attorney's fees, that arise from your use or misuse of
the Site or the Content therein, including without limitation your violation
of the Terms of Service herein. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with us in
asserting any available defenses.
8. Monitoring Content
SHORE 104 FM shall have the right, but not the obligation, to monitor the
content of the Site, including chat rooms and forums, to determine compliance
with this Agreement and any operating rules established by SHORE 104 FM and to
satisfy any law, regulation or authorized government request. SHORE 104 FM shall
have the right in its sole discretion to edit, refuse to post or remove any
material submitted to or posted on the Site without your permission. Without
limiting the foregoing, SHORE 104 FM shall have the right to remove any material
that we, in our sole discretion, find to be in violation of the provisions
hereof or otherwise objectionable. Notwithstanding the foregoing, SHORE 104 FM
is not responsible for the content that you or any user posts on any forum on
the Site and your reliance on any such content is solely at your own risk.
International Use
9. Local Laws
By choosing to access the Site from any location other than Canada, you
accept full responsibility for compliance with all local laws that are applicable.
SHORE 104 FM makes no representation that materials on the Site are appropriate
or available for use in locations outside Canada, and accessing them from
territories where their contents are illegal is prohibited.
10. Security Precautions
The services and information provided are protected using industry standard
security precautions. It is up to you to fully understand the risks and
threats of using the public Internet, and to be sufficiently aware of those
risks to adequately protect your confidential information. SHORE 104 FM provides
information regarding Security and Privacy in our Privacy Policy. This
document is provided as a guideline only, and it is up to the user to remain
current and exercise care when using the Internet. You should seek professional
advice on protecting your privacy and evaluating the security of the
information systems you are using.
11. Choice of Law
This Agreement shall be construed in accordance with the laws of the Province
of British Columbia, and the Federal laws of Canada
applicable therein, without regard to its conflict of laws rules. You
expressly agree that any claim or action arising out of or relating to these
Terms of Service or your use of the Site shall be filed only in the courts of
the Province of British Columbia or the Federal Court of Canada, if
applicable, and you further agree and submit to the exercise of personal
jurisdiction of such courts for the purpose of litigating any such claim or
action.
12. Integration and Severability
This Terms of Service and our Privacy Policy constitute the entire agreement
between SHORE 104 FM and you with respect to the Site and supersedes all prior
or contemporaneous communications and proposals between us with respect to
the Site. If any provision of this Terms of Service agreement is determined
to be invalid or unenforceable, all other provisions shall remain in full
force and effect. The section headings used herein are for convenience only
and shall not be given any legal import.
13. Unauthorized Use and Termination
You agree to use the Site only for authorized and legal activities. SHORE 104 FM
reserves the right, in our sole discretion, to terminate your access to all
or part of the Site, with or without notice and for any reason whatsoever.
14. Privacy and Disclosure
You have read and accept the terms of our Privacy Policy.
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